ADDITIONAL CASES

DECLARADOR VS. GUBATON G.R. No. 159208, August 18, 2006

Facts: A 17 years old minor was proven to have committed a crime of murder with evident
premeditation and abuse of strength of stabbing 15 times a teacher, wife of the petitioner, in
Cabug-Cabug National High School in President Roxas, Capiz but the sentenced is suspended
by the Judge automatically. A petition that the suspension of sentenced was not proper because
the minor is disqualified as provided in Article 192 of P.D. No. 603, as amended, and Section 32
of A.M. No. 02-1-18-SC.
Issue: Whether or not respondent Judge committed grave abuse of discretion amounting to
excess of jurisdiction in suspending the sentence of a minor of a crime committed punishable by
death.
Held: Crime committed by minor, below 18 years old at the time of the commission of the crime,
will be automatically suspended without a need for application except when the youthful
offender was disqualified on any one of the following grounds: (1) the youthful offender has
once availed or enjoyed suspension of sentence under its provisions, (2) to one who is
convicted for an offense punishable by death or life imprisonment, (3) to one who is convicted
for an offense by the Military Tribunals. In the case at bar, the youthful offenders crime of
murder is punishable, not the actual sentence, by death or life imprisonment thus the benefit of
automatic suspension of sentence is not applicable.
Liability
The parents (father and mother of juvenile Frank) and his teacher-in-charge at the CabugCabug National High School of President Roxas, Capiz, are jointly subsidiarily liable in case of
insolvency, as the crime was established to have been committed inside the classroom of
Cabug-Cabug National High School and during school hours.

People vs. Mantalaba

Gr. No. 186227 7/20/2011

Facts:
The Task Force Regional AntiCrime Emergency Response (RACER) in Butuan City received a
report from an informer that a certain Allen Mantalaba, was selling shabu at Purok 4, Barangay
3, Agao District, Butuan City. Thus, a buybust team was organized.
Around 7 o'clock in the evening the team, armed with the marked money, proceeded to Purok 4,
Barangay 3, Agao District, Butuan City for the buybust operation. The two poseurbuyers
approached Allen who was said to be in the act of selling shabu. PO1 Pajo saw the poseurbuyers and appellant talking to each other. Afterwards, the appellant handed a sachet of shabu
to one of the poseurbuyers and the latter gave the marked money to the appellant. The poseurbuyers went back to the police officers and told them that the transaction has been completed.

Police officers Pajo and Simon rushed to the place and handcuffed the appellant as he was
leaving the place.
The police officers, still in the area of operation and in the presence of barangay officials,
searched the appellant and found a big sachet of shabu. PO1 Simon also pointed to the
barangay officials the marked money, two pieces of P100 bill, thrown by the appellant on the
ground.

The RTC found the appellant guilty beyond reasonable doubt of the crime of violation of R.A.
9165.

The appellant pleaded not guilty and states the lone argument that the lower court gravely erred
in convicting him of the crime charged despite failure of the prosecution to prove his guilt
beyond reasonable doubt.

Issue:
Whether or not the appellant is guilty beyond reasonable doubt of the violation of R.A. 9165.

Rulings:
Yes. This Court stresses that a buybust operation is a legally effective and proven procedure,
sanctioned by law, for apprehending drug peddlers and distributors.It is often utilized by law
enforcers for the purpose of trapping and capturing lawbreakers in the execution of their
nefarious activities.

Further, What determines if there was, indeed, a sale of dangerous drugs in a buybust operation
is proof of the concurrence of all the elements of the offense, to wit: (1) the identity of the buyer
and the seller, the object, and the consideration; and (2) the delivery of the thing sold and the
payment therefor. From the above testimony of the prosecution witness, it was well established
that the elements have been satisfactorily met. The seller and the poseur buyer were properly
identified. The subject dangerous drug, as well as the marked money used, were also
satisfactorily presented. The testimony was also clear as to the manner in which the buybust
operation was conducted.

A. Other Penalties/Special Penalties/ Complex Crime

Art. 67. Penalty to be imposed when not all the requisites of exemption of the fourth
circumstance of Article 12 are present. When all the conditions required in circumstances
Number 4 of Article 12 of this Code to exempt from criminal liability are not present, the penalty
of arresto mayor in its maximum period to prision correccional in its minimum period shall be
imposed upon the culprit if he shall have been guilty of a grave felony, and arresto mayor in its
minimum and medium periods, if of a less grave felony.
Art. 68. Penalty to be imposed upon a person under eighteen years of age. When the
offender is a minor under eighteen years and his case is one coming under the provisions of the
paragraphs next to the last of Article 80 of this Code, the following rules shall be observed:
1. Upon a person under fifteen but over nine years of age, who is not exempted from liability by
reason of the court having declared that he acted with discernment, a discretionary penalty shall
be imposed, but always lower by two degrees at least than that prescribed by law for the crime
which he committed.
2. Upon a person over fifteen and under eighteen years of age the penalty next lower than that
prescribed by law shall be imposed, but always in the proper period.
Art. 69. Penalty to be imposed when the crime committed is not wholly excusable. A penalty
lower by one or two degrees than that prescribed by law shall be imposed if the deed is not
wholly excusable by reason of the lack of some of the conditions required to justify the same or
to exempt from criminal liability in the several cases mentioned in Article 11 and 12, provided
that the majority of such conditions be present. The courts shall impose the penalty in the period
which may be deemed proper, in view of the number and nature of the conditions of exemption
present or lacking.
Art. 74. Penalty higher than reclusion perpetua in certain cases. In cases in which the law
prescribes a penalty higher than another given penalty, without specially designating the name
of the former, if such higher penalty should be that of death, the same penalty and the
accessory penalties of Article 40, shall be considered as the next higher penalty.
Art. 47. In what cases the death penalty shall not be imposed. The death penalty shall be
imposed in all cases in which it must be imposed under existing laws, except in the following
cases:
1. When the guilty person be more than seventy years of age.
2. When upon appeal or revision of the case by the Supreme court, all the members thereof are
not unanimous in their voting as to the propriety of the imposition of the death penalty. For the
imposition of said penalty or for the confirmation of a judgment of the inferior court imposing the
death sentence, the Supreme Court shall render its decision per curiam, which shall be signed
by all justices of said court, unless some member or members thereof shall have been
disqualified from taking part in the consideration of the case, in which even the unanimous vote
and signature of only the remaining justices shall be required.

B. Specific penalties in Book I- RPC

Art. 49. Penalty to be imposed upon the principals when the crime committed is different from
that intended. In cases in which the felony committed is different from that which the offender
intended to commit, the following rules shall be observed:
1. If the penalty prescribed for the felony committed be higher than that corresponding to the
offense which the accused intended to commit, the penalty corresponding to the latter shall be
imposed in its maximum period.
2. If the penalty prescribed for the felony committed be lower than that corresponding to the one
which the accused intended to commit, the penalty for the former shall be imposed in its
maximum period.
3. The rule established by the next preceding paragraph shall not be applicable if the acts
committed by the guilty person shall also constitute an attempt or frustration of another crime, if
the law prescribes a higher penalty for either of the latter offenses, in which case the penalty
provided for the attempted or the frustrated crime shall be imposed in its maximum period.
Art. 59. Penalty to be imposed in case of failure to commit the crime because the means
employed or the aims sought are impossible. When the person intending to commit an
offense has already performed the acts for the execution of the same but nevertheless the crime
was not produced by reason of the fact that the act intended was by its nature one of impossible
accomplishment or because the means employed by such person are essentially inadequate to
produce the result desired by him, the court, having in mind the social danger and the degree of
criminality shown by the offender, shall impose upon him the penalty of arresto mayor or a fine
from 200 to 500 pesos.

C.FINE
Art. 38. Pecuniary liabilities; Order of payment. In case the property of the offender should
not be sufficient for the payment of all his pecuniary liabilities, the same shall be met in the
following order:
1. The reparation of the damage caused.
2. Indemnification of consequential damages.
3. The fine.
4. The cost of the proceedings.
Art. 39. Subsidiary penalty. If the convict has no property with which to meet the fine
mentioned in the paragraph 3 of the nest preceding article, he shall be subject to a subsidiary
personal liability at the rate of one day for each eight pesos, subject to the following rules:
1. If the principal penalty imposed be prision correccional or arresto and fine, he shall
remain under confinement until his fine referred to in the preceding paragraph is
satisfied, but his subsidiary imprisonment shall not exceed one-third of the term of the
sentence, and in no case shall it continue for more than one year, and no fraction or part
of a day shall be counted against the prisoner.

2. When the principal penalty imposed be only a fine, the subsidiary imprisonment shall not
exceed six months, if the culprit shall have been prosecuted for a grave or less grave
felony, and shall not exceed fifteen days, if for a light felony.
3. When the principal imposed is higher than prision correccional, no subsidiary
imprisonment shall be imposed upon the culprit.
4. If the principal penalty imposed is not to be executed by confinement in a penal
institution, but such penalty is of fixed duration, the convict, during the period of time
established in the preceding rules, shall continue to suffer the same deprivations as
those of which the principal penalty consists.
5. The subsidiary personal liability which the convict may have suffered by reason of his
insolvency shall not relieve him, from the fine in case his financial circumstances should
improve. (As amended by RA 5465, April 21, 1969).
Art. 26. When afflictive, correctional, or light penalty. A fine, whether imposed as a single
of as an alternative penalty, shall be considered an afflictive penalty, if it exceeds 6,000
pesos; a correctional penalty, if it does not exceed 6,000 pesos but is not less than 200
pesos; and a light penalty if it less than 200 pesos
Art. 66. Imposition of fines. In imposing fines the courts may fix any amount within the
limits established by law; in fixing the amount in each case attention shall be given, not only
to the mitigating and aggravating circumstances, but more particularly to the wealth or
means of the culprit
Art. 75. Increasing or reducing the penalty of fine by one or more degrees. Whenever it
may be necessary to increase or reduce the penalty of fine by one or more degrees, it shall
be increased or reduced, respectively, for each degree, by one-fourth of the maximum
amount prescribed by law, without however, changing the minimum

Art. 27- Bond to Keep the peace

Bond to keep the peace. The bond to keep the peace shall be required to cover such
period of time as the court may determine.chanro
Art. 35. Effects of bond to keep the peace. It shall be the duty of any person sentenced to
give bond to keep the peace, to present two sufficient sureties who shall undertake that such
person will not commit the offense sought to be prevented, and that in case such offense be
committed they will pay the amount determined by the court in the judgment, or otherwise to
deposit such amount in the office of the clerk of the court to guarantee said undertaking.

The court shall determine, according to its discretion, the period of duration of the bond.

Should the person sentenced fail to give the bond as required he shall be detained for a period
which shall in no case exceed six months, is he shall have been prosecuted for a grave or less
grave felony, and shall not exceed thirty days, if for a light felony.

D.Art. 70- Successive service of sentence

Art. 70. Successive service of sentence. When the culprit has to serve two or more penalties,
he shall serve them simultaneously if the nature of the penalties will so permit otherwise, the
following rules shall be observed:
In the imposition of the penalties, the order of their respective severity shall be followed so that
they may be executed successively or as nearly as may be possible, should a pardon have
been granted as to the penalty or penalties first imposed, or should they have been served out.
For the purpose of applying the provisions of the next preceding paragraph the respective
severity of the penalties shall be determined in accordance with the following scale:
1. Death,
2. Reclusion perpetua,
3. Reclusion temporal,
4. Prision mayor,
5. Prision correccional,
6. Arresto mayor,
7. Arresto menor,
8. Destierro,
9. Perpetual absolute disqualification,
10 Temporal absolute disqualification.
11. Suspension from public office, the right to vote and be voted for, the right to follow a
profession or calling, and
12. Public censure.
Notwithstanding the provisions of the rule next preceding, the maximum duration of the convict's
sentence shall not be more than three-fold the length of time corresponding to the most severe
of the penalties imposed upon him. No other penalty to which he may be liable shall be inflicted
after the sum total of those imposed equals the same maximum period.
Such maximum period shall in no case exceed forty years.
In applying the provisions of this rule the duration of perpetual penalties (pena perpetua) shall
be computed at thirty years. (As amended).

E.Art. 45- Confiscation and forfeiture of the proceeds of instruments

of the crime
Art. 45. Confiscation and forfeiture of the proceeds or instruments of the crime. Every
penalty imposed for the commission of a felony shall carry with it the forfeiture of the proceeds
of the crime and the instruments or tools with which it was committed.

Such proceeds and instruments or tools shall be confiscated and forfeited in favor of the
Government, unless they be property of a third person not liable for the offense, but those
articles which are not subject of lawful commerce shall be destroyed.

F.Execution and Service of Penalties

Art. 29. Period of preventive imprisonment deducted from term of imprisonment. Offenders
who have undergone preventive imprisonment shall be credited in the service of their sentence
consisting of deprivation of liberty, with the full time during which they have undergone
preventive imprisonment, if the detention prisoner agrees voluntarily in writing to abide by the
same disciplinary rules imposed upon convicted prisoners, except in the following cases:
1. When they are recidivists or have been convicted previously twice or more times of any
crime; and
2. When upon being summoned for the execution of their sentence they have failed to surrender
voluntarily.
If the detention prisoner does not agree to abide by the same disciplinary rules imposed upon
convicted prisoners, he shall be credited in the service of his sentence with four-fifths of the time
during which he has undergone preventive imprisonment. (As amended by Republic Act 6127,
June 17, 1970).
Whenever an accused has undergone preventive imprisonment for a period equal to or more
than the possible maximum imprisonment of the offense charged to which he may be sentenced
and his case is not yet terminated, he shall be released immediately without prejudice to the
continuation of the trial thereof or the proceeding on appeal, if the same is under review. In case
the maximum penalty to which the accused may be sentenced is destierro, he shall be released
after thirty (30) days of preventive imprisonment. (As amended by E.O. No. 214, July 10, 1988).
Art. 81. When and how the death penalty is to be executed. The death sentence shall be
executed with reference to any other and shall consist in putting the person under sentence to
death by electrocution. The death sentence shall be executed under the authority of the Director
of Prisons, endeavoring so far as possible to mitigate the sufferings of the person under
sentence during electrocution as well as during the proceedings prior to the execution. If the
person under sentence so desires, he shall be anaesthetized at the moment of the
electrocution.
Art. 82. Notification and execution of the sentence and assistance to the culprit. The court
shall designate a working day for the execution but not the hour thereof; and such designation
shall not be communicated to the offender before sunrise of said day, and the execution shall
not take place until after the expiration of at least eight hours following the notification, but
before sunset. During the interval between the notification and the execution, the culprit shall, in
so far as possible, be furnished such assistance as he may request in order to be attended in

his last moments by priests or ministers of the religion he professes and to consult lawyers, as
well as in order to make a will and confer with members of his family or persons in charge of the
management of his business, of the administration of his property, or of the care of his
descendants.
Art. 83. Suspension of the execution of the death sentence. The death sentence shall not be
inflicted upon a woman within the three years next following the date of the sentence or while
she is pregnant, nor upon any person over seventy years of age. In this last case, the death
sentence shall be commuted to the penalty of reclusion perpetua with the accessory penalties
provided in Article 40.
Art. 84. Place of execution and persons who may witness the same. The execution shall take
place in the penitentiary of Bilibid in a space closed to the public view and shall be witnessed
only by the priests assisting the offender and by his lawyers, and by his relatives, not exceeding
six, if he so request, by the physician and the necessary personnel of the penal establishment,
and by such persons as the Director of Prisons may authorize.
Art. 85. Provisions relative to the corpse of the person executed and its burial. Unless
claimed by his family, the corpse of the culprit shall, upon the completion of the legal
proceedings subsequent to the execution, be turned over to the institute of learning or scientific
research first applying for it, for the purpose of study and investigation, provided that such
institute shall take charge of the decent burial of the remains. Otherwise, the Director of Prisons
shall order the burial of the body of the culprit at government expense, granting permission to be
present thereat to the members of the family of the culprit and the friends of the latter. In no
case shall the burial of the body of a person sentenced to death be held with pomp.
Art. 86. Reclusion perpetua, reclusion temporal, prision mayor, prision correccional and arresto
mayor. The penalties of reclusion perpetua, reclusion temporal, prision mayor, prision
correccional and arresto mayor, shall be executed and served in the places and penal
establishments provided by the Administrative Code in force or which may be provided by law in
the future.
Art. 87. Destierro. Any person sentenced to destierro shall not be permitted to enter the
place or places designated in the sentence, nor within the radius therein specified, which shall
be not more than 250 and not less than 25 kilometers from the place designated.
Art. 88. Arresto menor. The penalty of arresto menor shall be served in the municipal jail, or
in the house of the defendant himself under the surveillance of an officer of the law, when the
court so provides in its decision, taking into consideration the health of the offender and other
reasons which may seem satisfactory to it.

G. Indeterminate Sentence Law

Section 1. Hereafter, in imposing a prison sentence for an offense punished by the Revised
Penal Code, or its amendments, the court shall sentence the accused to an indeterminate
sentence the maximum term of which shall be that which, in view of the attending

circumstances, could be properly imposed under the rules of the said Code, and the minimum
which shall be within the range of the penalty next lower to that prescribed by the Code for the
offense; and if the offense is punished by any other law, the court shall sentence the accused to
an indeterminate sentence, the maximum term of which shall not exceed the maximum fixed by
said law and the minimum shall not be less than the minimum term prescribed by the same.
Sec. 2. This Act shall not apply to persons convicted of offenses punished with death penalty or
life-imprisonment; to those convicted of treason, conspiracy or proposal to commit treason; to
those convicted of misprision of treason, rebellion, sedition or espionage; to those convicted of
piracy; to those who are habitual delinquents; to those who have escaped from confinement or
evaded sentence; to those who having been granted conditional pardon by the Chief Executive
shall have violated the terms thereof; to those whose maximum term of imprisonment does not
exceed one year, not to those already sentenced by final judgment at the time of approval of this
Act, except as provided in Section 5 hereof.

H.The Probation Law

Sec. 2. Purpose. This Decree shall be interpreted so as to:
(a) promote the correction and rehabilitation of an offender by providing him with individualized
treatment;
(b) provide an opportunity for the reformation of a penitent offender which might be less
probable if he were to serve a prison sentence; and .
(c) prevent the commission of offenses.
Sec. 4. Grant of Probation. Subject to the provisions of this Decree, the court may, after it
shall have convicted and sentenced a defendant and upon application at any time of said
defendant, suspend the execution of said sentence and place the defendant on probation for
such period and upon such terms and conditions as it may deem best.
Probation may be granted whether the sentence imposes a term of imprisonment or a fine only.
An application for probation shall be filed with the trial court, with notice to the appellate court if
an appeal has been taken from the sentence of conviction. The filing of the application shall be
deemed a waver of the right to appeal, or the automatic withdrawal of a pending appeal.
An order granting or denying probation shall not be appealable.
Sec. 9. Disqualified Offenders. The benefits of this Decree shall not be extended to those:
(a) sentenced to serve a maximum term of imprisonment of more than six years;
(b) convicted of any offense against the security of the State;
(c) who have previously been convicted by final judgment of an offense punished by
imprisonment of not less than one month and one day and/or a fine of not less than Two
Hundred Pesos;
(d) who have been once on probation under the provisions of this Decree; and
(e) who are already serving sentence at the time the substantive provisions of this Decree
became applicable pursuant to Section 33 hereof.
Sec. 10. Conditions of Probation. Every probation order issued by the court shall contain
conditions requiring that the probationer shall:
(a) present himself to the probation officer designated to undertake his supervision at such
place as may be specified in the order within seventy-two hours from receipt of said order;

(b) report to the probation officer at least once a month at such time and place as specified by
said officer.
The court may also require the probationer to:
(a) cooperate with a program of supervision;
(b) meet his family responsibilities;
(c) devote himself to a specific employment and not to change said employment without the
prior written approval of the probation officer;
(d) undergo medical, psychological or psychiatric examination and treatment and enter and
remain in a specified institution, when required for that purpose; .
(e) pursue a prescribed secular study or vocational training;
(f) attend or reside in a facility established for instruction, recreation or residence of persons on
probation;
(g) refrain from visiting houses of ill-repute;
(h) abstain from drinking intoxicating beverages to excess;
(i) permit the probation officer or an authorized social worker to visit his home and place of work;
(j) reside at premises approved by it and not to change his residence without its prior written
approval; or
(k) satisfy any other condition related to the rehabilitation of the defendant and not unduly
restrictive of his liberty or incompatible with his freedom of conscience.
Sec. 16. Termination of Probation. After the period of probation and upon consideration of
the report and recommendation of the probation officer, the court may order the final discharge
of the probationer upon finding that he has fulfilled the terms and conditions of his probation and
thereupon the case is deemed terminated.
The final discharge of the probationer shall operate to restore to him all civil rights lost or
suspend as a result of his conviction and to fully discharge his liability for any fine imposed as to
the offense for which probation was granted.

I.Child and Youth Welfare Code (P.D 603)

CHAPTER III
Youthful Offenders
Article 189. Youthful Offender Defined. - A youthful offender is one who is over nine years but
under twenty-one years of age at the time of the commission of the offense.
A child nine years of age or under at the time of the offense shall be exempt from criminal
liability and shall be committed to the care of his or her father or mother, or nearest relative or
family friend in the discretion of the court and subject to its supervision. The same shall be done
for a child over nine years and under fifteen years of age at the time of the commission of the
offense, unless he acted with discernment, in which case he shall be proceeded against in
accordance with Article 192.
The provisions of Article 80 of the Revised Penal Code shall be deemed modified by the
provisions of this Chapter.

Article 192. Suspension of Sentence and Commitment of Youthful Offender. - If after hearing
the evidence in the proper proceedings, the court should find that the youthful offender has
committed the acts charged against him the court shall determine the imposable penalty,
including any civil liability chargeable against him. However, instead of pronouncing judgment of
conviction, the court shall suspend all further proceedings and shall commit such minor to the
custody or care of the Department of Social Welfare, or to any training institution operated by
the government, or duly licensed agencies or any other responsible person, until he shall have
reached twenty-one years of age or, for a shorter period as the court may deem proper, after
considering the reports and recommendations of the Department of Social Welfare or the
agency or responsible individual under whose care he has been committed.

J. Juvenile Justice Welfare Act (R.A 9344)

Sec. 4. Defn of Terms
(e) "Child" refers to a person under the age of eighteen (18) years.
(d) "Child at Risk" refers to a child who is vulnerable to and at the risk of committing criminal
offenses because of personal, family and social circumstances, such as, but not limited to, the
following:
(1) being abused by any person through sexual, physical, psychological, mental,
economic or any other means and the parents or guardian refuse, are unwilling, or
unable to provide protection for the child;
(2) being exploited including sexually or economically;
(3) being abandoned or neglected, and after diligent search and inquiry, the parent or
guardian cannot be found;
(4) coming from a dysfunctional or broken family or without a parent or guardian;
(5) being out of school;
(6) being a streetchild;
(7) being a member of a gang;
(8) living in a community with a high level of criminality or drug abuse; and
(9) living in situations of armed conflict.

(e) "Child in Conflict with the Law" refers to a child who is alleged as, accused of, or adjudged
as, having committed an offense under Philippine laws.

SEC. 6. Minimum Age of Criminal Responsibility. - A child fifteen (15) years of age or under at
the time of the commission of the offense shall be exempt from criminal liability. However, the
child shall be subjected to an intervention program pursuant to Section 20 of this Act.
A child above fifteen (15) years but below eighteen (18) years of age shall likewise be exempt
from criminal liability and be subjected to an intervention program, unless he/she has acted with
discernment, in which case, such child shall be subjected to the appropriate proceedings in
accordance with this Act.
The exemption from criminal liability herein established does not include exemption from civil
liability, which shall be enforced in accordance with existing laws.
SEC. 20. Children Below the Age of Criminal Responsibility. - If it has been determined that the
child taken into custody is fifteen (15) years old or below, the authority which will have an initial
contact with the child has the duty to immediately release the child to the custody of his/her
parents or guardian, or in the absence thereof, the child's nearest relative. Said authority shall
give notice to the local social welfare and development officer who will determine the
appropriate programs in consultation with the child and to the person having custody over the
child. If the parents, guardians or nearest relatives cannot be located, or if they refuse to take
custody, the child may be released to any of the following: a duly registered nongovernmental or
religious organization; a barangay official or a member of the Barangay Council for the
Protection of Children (BCPC); a local social welfare and development officer; or when and
where appropriate, the DSWD. If the child referred to herein has been found by the Local Social
Welfare and Development Office to be abandoned, neglected or abused by his parents, or in the
event that the parents will not comply with the prevention program, the proper petition for
involuntary commitment shall be filed by the DSWD or the Local Social Welfare and
Development Office pursuant to Presidential Decree No. 603, otherwise ,known as "The Child
and Youth Welfare Code".
SEC. 23. System of Diversion. - Children in conflict with the law shall undergo diversion
programs without undergoing court proceedings subject to the conditions herein provided:
(a) Where the imposable penalty for the crime committee is not more than six (6) years
imprisonment, the law enforcement officer or Punong Barangay with the assistance of
the local social welfare and development officer or other members of the LCPC shall
conduct mediation, family conferencing and conciliation and, where appropriate, adopt
indigenous modes of conflict resolution in accordance with the best interest of the child
with a view to accomplishing the objectives of restorative justice and the formulation of a
diversion program. The child and his/her family shall be present in these activities.
(b) In victimless crimes where the imposable penalty is not more than six (6) years
imprisonment, the local social welfare and development officer shall meet with the child
and his/her parents or guardians for the development of the appropriate diversion and
rehabilitation program, in coordination with the BCPC;

(c) Where the imposable penalty for the crime committed exceeds six (6) years
imprisonment, diversion measures may be resorted to only by the court.
SEC. 38. Automatic Suspension of Sentence. - Once the child who is under eighteen (18) years
of age at the time of the commission of the offense is found guilty of the offense charged, the
court shall determine and ascertain any civil liability which may have resulted from the offense
committed. However, instead of pronouncing the judgment of conviction, the court shall place
the child in conflict with the law under suspended sentence, without need of
application: Provided, however, That suspension of sentence shall still be applied even if the
juvenile is already eighteen years (18) of age or more at the time of the pronouncement of
his/her guilt.
Upon suspension of sentence and after considering the various chcumstances of the child, the
court shall impose the appropriate disposition measures as provided in the Supreme Court Rule
on Juveniles in Conflict with the Law.
SEC. 39. Discharge of the Child in Conflict with the Law. - Upon the recommendation of the
social worker who has custody of the child, the court shall dismiss the case against the child
whose sentence has been suspended and against whom disposition measures have been
issued, and shall order the final discharge of the child if it finds that the objective of the
disposition measures have been fulfilled.
The discharge of the child in conflict with the law shall not affect the civil liability resulting from
the commission of the offense, which shall be enforced in accordance with law.
SEC. 40. Return of the Child in Conflict with the Law to Court. - If the court finds that the
objective of the disposition measures imposed upon the child in conflict with the law have not
been fulfilled, or if the child in conflict with the law has willfully failed to comply with the
conditions of his/her disposition or rehabilitation program, the child in conflict with the law shall
be brought before the court for execution of judgment.
If said child in conflict with the law has reached eighteen (18) years of age while under
suspended sentence, the court shall determine whether to discharge the child in accordance
with this Act, to order execution of sentence, or to extend the suspended sentence for a certain
specified period or until the child reaches the maximum age of twenty-one (21) years.
SEC. 41. Credit in Service of Sentence. - The child in conflict with the law shall be credited in
the services of his/her sentence with the full time spent in actual commitment and detention
under this Act.
SEC. 51. Confinement of Convicted Children in Agricultural Camps and other Training
Facilities. - A child
in conflict with the law may, after conviction and upon order of the court, be made to serve
his/her sentence, in lieu of confinement in a regular penal institution, in an agricultural camp and
other training facilities that may be established, maintained, supervised and controlled by the
BUCOR, in coordination with the DSWD.

K. Comprehensive Dangerous Drugs Act (R.A 9165)

Section 11. Possession of Dangerous Drugs. - The penalty of life imprisonment to death and a
fine ranging from Five hundred thousand pesos (P500,000.00) to Ten million pesos
(P10,000,000.00) shall be imposed upon any person, who, unless authorized by law, shall
possess any dangerous drug in the following quantities, regardless of the degree of purity
thereof:
(1) 10 grams or more of opium;
(2) 10 grams or more of morphine;
(3) 10 grams or more of heroin;
(4) 10 grams or more of cocaine or cocaine hydrochloride;
(5) 50 grams or more of methamphetamine hydrochloride or "shabu";
(6) 10 grams or more of marijuana resin or marijuana resin oil;
(7) 500 grams or more of marijuana; and
(8) 10 grams or more of other dangerous drugs such as, but not limited to,
methylenedioxymethamphetamine (MDA) or "ecstasy", paramethoxyamphetamine
(PMA), trimethoxyamphetamine (TMA), lysergic acid diethylamine (LSD), gamma
hydroxyamphetamine (GHB), and those similarly designed or newly introduced drugs
and their derivatives, without having any therapeutic value or if the quantity possessed is
far beyond therapeutic requirements, as determined and promulgated by the Board in
accordance to Section 93, Article XI of this Act.
Otherwise, if the quantity involved is less than the foregoing quantities, the penalties shall be
graduated as follows:
(1) Life imprisonment and a fine ranging from Four hundred thousand pesos
(P400,000.00) to Five hundred thousand pesos (P500,000.00), if the quantity of
methamphetamine hydrochloride or "shabu" is ten (10) grams or more but less than fifty
(50) grams;
(2) Imprisonment of twenty (20) years and one (1) day to life imprisonment and a fine
ranging from Four hundred thousand pesos (P400,000.00) to Five hundred thousand
pesos (P500,000.00), if the quantities of dangerous drugs are five (5) grams or more but
less than ten (10) grams of opium, morphine, heroin, cocaine or cocaine hydrochloride,
marijuana resin or marijuana resin oil, methamphetamine hydrochloride or "shabu", or
other dangerous drugs such as, but not limited to, MDMA or "ecstasy", PMA, TMA, LSD,
GHB, and those similarly designed or newly introduced drugs and their derivatives,
without having any therapeutic value or if the quantity possessed is far beyond

therapeutic requirements; or three hundred (300) grams or more but less than five
(hundred) 500) grams of marijuana; and
(3) Imprisonment of twelve (12) years and one (1) day to twenty (20) years and a fine
ranging from Three hundred thousand pesos (P300,000.00) to Four hundred thousand
pesos (P400,000.00), if the quantities of dangerous drugs are less than five (5) grams of
opium, morphine, heroin, cocaine or cocaine hydrochloride, marijuana resin or marijuana
resin oil, methamphetamine hydrochloride or "shabu", or other dangerous drugs such as,
but not limited to, MDMA or "ecstasy", PMA, TMA, LSD, GHB, and those similarly
designed or newly introduced drugs and their derivatives, without having any therapeutic
value or if the quantity possessed is far beyond therapeutic requirements; or less than
three hundred (300) grams of marijuana.
Section 66. Suspension of Sentence of a First-Time Minor Offender. An accused who is over
fifteen (15) years of age at the time of the commission of the offense mentioned in Section 11 of
this Act, but not more than eighteen (18) years of age at the time when judgment should have
been promulgated after having been found guilty of said offense, may be given the benefits of a
suspended sentence, subject to the following conditions:
(a) He/she has not been previously convicted of violating any provision of this Act, or of
the Dangerous Drugs Act of 1972, as amended; or of the Revised Penal Code; or of any
special penal laws;
(b) He/she has not been previously committed to a Center or to the care of a DOHaccredited physician; and
(c) The Board favorably recommends that his/her sentence be suspended.
While under suspended sentence, he/she shall be under the supervision and rehabilitative
surveillance of the Board, under such conditions that the court may impose for a period ranging
from six (6) months to eighteen (18) months.
Upon recommendation of the Board, the court may commit the accused under suspended
sentence to a Center, or to the care of a DOH-accredited physician for at least six (6) months,
with after-care and follow-up program for not more than eighteen (18) months.
In the case of minors under fifteen (15) years of age at the time of the commission of any
offense penalized under this Act, Article 192 of Presidential Decree No. 603, otherwise known
as the Child and Youth Welfare Code, as amended by Presidential Decree No. 1179 shall apply,
without prejudice to the application of the provisions of this Section.
Section 24. Non-Applicability of the Probation Law for Drug Traffickers and Pushers. Any
person convicted for drug trafficking or pushing under this Act, regardless of the penalty
imposed by the Court, cannot avail of the privilege granted by the Probation Law or Presidential
Decree No. 968, as amended.
Section 70. Probation or Community Service for a First-Time Minor Offender in Lieu of
Imprisonment. Upon promulgation of the sentence, the court may, in its discretion, place the

accused under probation, even if the sentence provided under this Act is higher than that
provided under existing law on probation, or impose community service in lieu of imprisonment.
In case of probation, the supervision and rehabilitative surveillance shall be undertaken by the
Board through the DOH in coordination with the Board of Pardons and Parole and the Probation
Administration. Upon compliance with the conditions of the probation, the Board shall submit a
written report to the court recommending termination of probation and a final discharge of the
probationer, whereupon the court shall issue such an order.
The community service shall be complied with under conditions, time and place as may be
determined by the court in its discretion and upon the recommendation of the Board and shall
apply only to violators of Section 15 of this Act. The completion of the community service shall
be under the supervision and rehabilitative surveillance of the Board during the period required
by the court. Thereafter, the Board shall render a report on the manner of compliance of said
community service. The court in its discretion may require extension of the community service
or order a final discharge.
In both cases, the judicial records shall be covered by the provisions of Sections 60 and 64 of
this Act.If the sentence promulgated by the court requires imprisonment, the period spent in the
Center by the accused during the suspended sentence period shall be deducted from the
sentence to be served.